1.  In the Matter of: Rhisha B., No. 072520 (Filed 8/7/07)

Petitioner appeals Family court Order granting guardianship of minor child to Respondents.

Refuse 5 - 0 

2. SER John Moss, III, v. Thomas McBride, Warden, No. 072486 (Filed 7/31/07)

Petitioner has filed this petition for writ of habeas corpus alleging nine errors and violations of his rights, eight of which Petitioner has previously presented to this Court and which this Court has previously refused, either in a direct appeal or in prior petitions for writ of habeas corpus.

Refuse 5 - 0 

3.  In the Matter of: Michael Anthony C., No. 072480 (Filed 7/31/07)

Petitioner/Father appeals the termination of his parental rights and the court’s determination that he should not be allowed any future contact or visitation.

Refuse 5 - 0 

Defendant who reserved her right to appeal following conditional guilty plea to one count of a four-count indictment for Escape, appeals the circuit court’s order denying her underlying Motion to Dismiss, arguing that her actions failed to meet the requirements of crime of Escape as she was not in custody of probation officer at the time of the alleged escapes and arguing that the multiple counts of Escape charges violated Double Jeopardy protections.

Refuse 5 - 0 

5.  State of West Virginia v. Michael Paul Surface, No. 072105 (Filed 6/25/07)

Defendant, convicted of Unlawful Assault and Forgery by guilty plea, appeals circuit court order sentencing him to serve consecutive 1-5, 1-10 year terms, arguing disproportionate and excessive sentencing.

Refuse 5 - 0 

Defendant, placed on four years’ probation with one year of home confinement as condition of that probation, appeals circuit court order denying him credit for time served on home confinement following circuit court’s order revoking his probation and sentencing him to consecutive 2-10, 1-5 year terms in prison for the convictions of Malicious Wounding without use of firearm and Conspiracy to Kidnap using a firearm.

Refuse 5 - 0 

Defendant, convicted of Malicious Assault by jury, appeals circuit court order sentencing him to serve 2-10 years in prison, arguing that the State was allowed to introduce incompetent testimony of the nature of victim’s wound, that he received ineffective assistance of his trial counsel and that the jury was tainted by reference to plea negotiations.

Refuse 5 - 0 

8.  State of West Virginia v. Steven J. Zupan, No. 072225 (Filed 7/11/07)

Defendant, convicted of Unlawful Assault by guilty plea, appeals circuit court order sentencing him to serve 1-5 years in prison, arguing that the circuit court abused its discretion by not granting him an alternative sentence and that his constitutional rights are being violated because he is incarcerated in a Regional Jail rather than in a Department of Corrections facility.

Refuse 5 - 0 

Defendant, convicted of Second Degree Murder by jury, appeals circuit court order sentencing her to serve 30 years in prison, arguing multiple errors during the trial.

10.  State of West Virginia v. Adam P.B., No. 072307 (Filed 7/18/07)

Juvenile, whose probation was revoked, appeals circuit court order sentencing him to the Industrial Home for Youth, arguing that the circuit court abused its discretion as there were less restrictive alternatives which were more in keeping with the best interests of the juvenile.

Refuse 5 - 0 

Defendant, convicted of Failure to Meet an Obligation to Provide Support to A Minor by jury, appeals circuit court order sentencing him to serve 1-3 years in prison and suspending that sentence and ordering Defendant to serve 5 years of supervised probation, arguing the circuit court erred in allowing witness to testify regarding the prosecution of failure to pay child support cases and in allowing him to give his opinion on Defendant’s ability to pay, which was a legal conclusion on the ultimate issue.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

12.  State of West Virginia v. John Cecil, No. 072368 (Filed 7/20/07)

Defendant, convicted of five counts of Child Abuse by a Custodian Resulting in Serious Injury by jury, appeals circuit court order sentencing him to serve 5 consecutive 2-10 year prison terms, arguing multiple trial errors.

Refuse 5 - 0 

Defendant, convicted of Battery by jury, appeals circuit court order sentencing him to serve sixty (60) days in jail and five years probation, arguing that the guilty verdict was contrary to the law and evidence presented.

Refuse 5 - 0 

14.  State of West Virginia v. Marcus M. McCormick, No. 072529 (Filed 8/9/07)

Defendant, convicted of Unlawful Assault by jury, appeals circuit court order sentencing him to serve 1-5 years in prison, arguing that the circuit court erred by allowing the possible verdicts of guilty of unlawful assault and battery to be considered by the jury.

Refuse 5 - 0 

Juvenile, a convicted status offender, appeals circuit court order placing her in the Florence Crittenton facility, arguing that the circuit court erred in not making every effort to place the juvenile in a community based facility which was the least restrictive alternative appropriate to the needs of the juvenile and the community.

Refuse 5 - 0 

Incarcerated Defendant, known owner of property which was civilly confiscated, appeals Judge Matish’s order denying Defendant’s motion to set aside default judgment in underlying case for the civil forfeiture of $27,870 plus 5 scales.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Defendant appeals circuit court order denying petition for writ of habeas corpus following omnibus evidentiary hearing, arguing that the circuit court erred in finding that Defendant’s guilty plea was knowingly, intelligently and voluntarily entered.

Refuse 5 - 0 

Defendant appeals circuit court order denying petition for writ of habeas corpus following omnibus hearing, arguing that the circuit court erred in finding that Defendant’s guilty plea was knowingly, intelligently and voluntarily entered and erred in finding that the Defendant did not receive ineffective assistance of counsel.

Refuse 5 - 0 

19.  In Matter of: Child of Nikki R. Neff and Brian E. Neff, No. 071461 (Filed 5/8/07)

Mother appeals Family Court order absolving Father of child support arrearages except those accumulated before he went to prison and denying Mother’s request to attribute income to incarcerated Father.

Grant 5 - 0 

Petitioner seeks an appeal of the circuit court’s order that refused Petitioner’s petition for appeal from the family court orders that had modified child support and that granted a judgment against the Petitioner for the overpayment in child support from the retroactive modification.

Grant  2 - 2
(Maynard, J., Benjamin, J. )
(Davis, C. J. Not Participating)

Defendant, convicted of First Degree Murder by jury and sentenced to Life with Mercy, seeks issuance of a writ of habeas corpus arguing ineffective assistance of prior habeas counsel.

Refuse 5 - 0 

Defendant seeks issuance of a writ of habeas corpus arguing he received ineffective assistance of counsel in underlying probation revocation proceedings.

Returnable Below for Appointment of Counsel & Omnibus Hearing 

Defendant, committed by circuit court under plea of Not Guilty by Reason of Mental Illness to Aggravated Robbery, seeks issuance of a writ of habeas corpus arguing that he is improperly held in mental health hospital.

Refuse 5 - 0 

Defendant, convicted by jury of Recidivism and sentenced to Life, seeks issuance of a writ of habeas corpus alleging failure to provide needed dental care.

Deferred

Prisoner, convicted of Burglary and Aggravated Robbery, seeks habeas relief, arguing illegal sentence.

Refuse 5 - 0 

Petitioner seeks writ of habeas corpus to allow home confinement. Petitioner, whose wife is ill and suffers from various illnesses, and is raising a grandchild, needs his financial assistance.

Refuse 5 - 0 

Petitioner seeks writ of habeas corpus in order to appeal a circuit court sentencing order after being found guilty by jury trial. Petitioner claims attorney never filed an appeal and claims ineffective assistance of counsel by the attorney for not advising Court of petitioner's indigent status. Petitioner wants to be resentenced to restore the appellate rights, and petitioner wants the transcripts from his trial.

Moot

Defendant seeks issuance of a writ of habeas corpus arguing he was not properly credited with time served.

Refuse as Premature 4 - 0 
(Albright, J. Disqualified)

Defendant seeks issuance of a writ of habeas corpus arguing that his parole was improperly revoked.

Refuse 5 - 0 

Huttonsville inmate seeks issuance of a writ of habeas corpus stating he received cruel and unusual punishment, and claims respondent has violated the principle of double jeopardy when inmate was charged with multiple rule violations for multiple tattoos. Inmate claims that white inmates with multiple tattoos were given one write-up, while he received four consecutive 90 days loss of good-time and 120 days in punitive segregation.

Deferred

Petitioner seeks credit for good time for work performed as a trustee in the kitchen at Potomac Highland Reg. Jail.

Refuse 5 - 0 

32.  SER Hubert Lusk v. Ritchie County Circuit Court, No. 071071 (Filed 4/11/07)

Petitioner seeks a writ of mandamus to compel the circuit court to set a timetable for briefs and motions, to order the circuit court to require his attorney to respond to him and to appoint a private investigator.

Deferred

Defendant seeks issuance of a writ of mandamus arguing unreasonable delay in the litigation of underlying habeas petition.

Moot

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule in a timely fashion on his pending mandamus.

Moot

Prisoner seeks issuance of a writ of mandamus arguing that Department of Corrections is illegally detaining him in a Regional Jail Facility.

Refuse 5 - 0 

36.  SER Aaron Eugene Cave v. James Rubenstein, DOC, No. 072385 (Filed 7/14/07)

Prisoners seek issuance of a writ of mandamus arguing that the Department of Corrections is illegally detaining them in a Regional Jail Facility.

Refuse 5 - 0 

Prisoner seeks issuance of a writ of mandamus arguing that prison is violating his constitutional rights by constantly exposing him to contact with severely psychotic fellow prisoners.

Refuse 5 - 0 

Petitioner seeks issuance of a writ of mandamus arguing that the circuit court has acted with unreasonable delay in his underlying habeas corpus action.

Moot

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has not acted in his underlying habeas corpus case.

Moot

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule upon pending Motion for reconsideration of her sentence.

Grant 5 - 0 
Unless Sooner Mooted

41.  In the Matter of: Megan N., Emily N. & Kathryn N., No. 071998 (Filed 6/12/07)

Mother appeals circuit court order terminating her custodial rights to children.

Refuse 5 - 0 

42.  In the Matter of: Hobart Joshua M. Jr., No. 072002 (Filed 6/13/07)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

43.  In the Matter of: Hobart Joshua M. Jr., No. 072571 (Paternal Grandparents’ Appeal) (Filed 8/16/07)

Grandparents appeal circuit court order terminating their custodial rights to grandson in abuse and neglect proceeding. They also appeal the circuit court’s denial of their motions for physical custody of boy and motions for improvement periods.

Refuse 5 - 0 

44.  In the Matter of: Katana G. & Daniel G., No. 072003 (Filed 6/13/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

46.  In the Matter of: Richard T. and Christopher T., No. 072202 (Filed 7/9/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

47.  In the Matter of: Kaleb K., No. 072215 (Filed 7/10/07)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

48.  In the Matter of: Camri W & Kaleb K., No. 072370 (Mother’s Appeal) (Filed 7/20/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

49.  In the Matter of: Daryl, Britnie, Glenn, III, Sabrina N., No. 072230 (Filed 7/11/07)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

50.  In the Matter of: Kyle R. F. and Tarra F., No. 072233 (Father’s Petition) (Filed 7/12/07)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

51.  In the Matter of: Haley Mariah Kay B., No. 072296 (Filed 7/17/07)

Father appeals circuit court order terminating his parental rights and denying his request for a dispositional improvement period.

Refuse 5 - 0 

52.  In the Matter of: Walter M., Jr. & Quenton M., No. 072306 (Father’s Appeal) (Filed 7/18/07)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

55.  In the Matter of: Adriana Rose T., No. 072360 (Filed 7/23/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

Mother appeals circuit court order terminating her parental rights, arguing that there was a less restrictive alternative disposition to termination of her parental rights to the children.

Refuse 5 - 0 

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